Case Information

Morangelli v. ROTO ROOTER

On February 25, 2010, two former Service Technicians filed a nationwide federal lawsuit against Chemed Corporation and Roto-Rooter Services Company in the U.S. District Court for the Eastern District of New York to recover unpaid wages for themselves and other Service Technicians. The lawsuit alleges that Roto Rooter did not pay the Plaintiffs’ wages free and clear, and unlawfully reduced their wages through paycheck deductions and requiring them to bear Defendants’ business expenses. The Plaintiffs also allege that they regularly worked unrecorded time of which the Defendants were aware and encouraged through their policies and practices. The Plaintiffs seek to recover unpaid minmum and overtime wages and the illegal deductions and business expenses they were required to bear. Any Service Technician who worked for the Defendants in the past three years in any state can join the case. To do so, you must fill out a Consent to Sue and return it to Getman & Sweeney, PLLC at the address listed on the form.

Status Reports

Posted on Thursday, March 4 2010 at 3:47pm: Answers to Common Questions:

What claims are covered in this lawsuit?
The lawsuit at present covers claims for overtime pay under the federal Fair Labor Standards Act (“FLSA”) and under New York and New Jersey State Labor Law. The specific violations claimed are that the Defendants failed to pay overtime properly to its Service Technicians.

What damages are sought?
Damages sought under the FLSA include back minimum wage and overtime pay, an equal amount of liquidated damages, interest, and fees and costs for each violation. Damages for the state law claims include back minimum wage and overtime pay, recovery of illegal deductions, interest, and fees and costs.

What is the difference between the FLSA and State Labor Law claims?
Both claims are based on the same facts—the way Defendants paid Service Techinicians. But damages and the statute of limitations are different under the FLSA and NYS Labor Law.

The FLSA provides for liquidated damages in an amount equal to the back pay owed and allows claims going back three years from when someone affirmatively joins the case by filing a Consent to Sue (Consent to Sue.pdf 8KB). You must send us a signed Consent to Sue (Consent to Sue.pdf 8KB)to bring FLSA claims in this action.

The State Labor Law provides for back wages, interest and recovery of illegal deductions. The state law claims have different statutes of limitations (New York is six years, New Jersey is two years). As the Complaint was filed on February 25, 2010, state law claims in New York will go back to February 26, 2004, and in New Jersey to February 26, 2008. If the Court certifies a New York and New Jersey State class action, all Service Technicians who worked in New York or New Jersey within the statute of limitations will be included in the case unless they opt-out.

How far back can claims be made?
Under the FLSA, you are entitled to make claims for the period extending back three years from the date your Consent To Sue (Consent to Sue.pdf 8KB)Form is filed in Court. The Defendants will be entitled to argue that its violations were not willful and that it claims should only be limited to a two-year period preceding the filing of your Consent To Sue (Consent to Sue.pdf 8KB). This two or three year period is called the "statute of limitation."

Under New York State Labor Law, the statute of limitation is six years, and it runs from the filing of the complaint. Under New Jersey State Labor Law, the statute of limitation is two years, and it runs from the filing of the complaint.

How do I join the case?
To bring claims under the FLSA for back wages and an equal amount of liquidated damages, you must affirmatively join the case by filing a Consent to Sue (Consent to Sue.pdf 8KB). Service Technicians who worked for Defendants in New York or New Jersey will be automatically included in the case only if the Court certifies the class action.

If you were a Service Technician for Defendants in a state other than New York or New Jersey, you may be entitled to additional damages. You can call us to discuss your options.

Do I have to pay to join the case?
No. The attorneys representing plaintiffs are Getman & Sweeney, PLLC and Pelton & Associates, PC. They are handling this case on a contingent basis and will only be paid when we win through a settlement or final judgment. Under both the FLSA and State Labor Law, when plaintiffs win an overtime case, the defendant must pay the plaintiffs' costs and attorneys’ fees.

Can I wait to file my Consent to Sue (Consent to Sue.pdf 8KB)form for my FLSA claim?
You are not part of the case until your Consent to Sue (Consent to Sue.pdf 8KB) Form is returned to the plaintiffs' attorneys and then filed with the Court. If you delay in filing the Consent to Sue (Consent to Sue.pdf 8KB) Form, part or all of your claim may be barred by the "statute of limitation." Once a Notice is authorized by the Court, you must generally return the Consent to Sue (Consent to Sue.pdf 8KB) form within the terms of the notice or the Court may not allow you to join this case.

Can the Defendants fire me or take action against me for joining the lawsuit?
The law prohibits retaliation for joining an overtime lawsuit. If any employee suffered retaliation, the Defendants would be liable for at least double the injury caused to the employee, and possibly additional damages. Notify us immediately if you think any retaliation occurs. Retaliation is rare in overtime cases, because an employer can suffer such serious penalties.

What locations are covered by this lawsuit?
The FLSA claims in this lawsuit cover every worksite nationwide in the U.S.A. If you worked for Defendants anywhere in the country, you can bring FLSA claims in this case. State Labor Law claims covers only work in that state. If you worked in a state other than New York or New Jersey, you may be entitled to additional protections, and should contact us to discuss your legal rights.

last edited on Thursday, March 4 2010 at 4:00pm
Posted on Thursday, July 29 2010 at 3:34pm: The US District Court found a class of Roto Rooter Technicians are similarly situated and ordered notice of the opportunity to join the action sent to over 2000 Technicians. Plaintiffs mailed the notice to the class on July 20, 2010 based on a list of names and addresses provided by Roto Rooter. Click here for a copy of the notice. (1.5.8 Court Approved Notice_final.pdf 32KB)

The Court also ruled that some other Technicians will have to bring their claims in arbitration. Those Technicians will not receive notice of the opportunity to join this action. But they can still bring their claims

Getman & Sweeney and Pelton Associates are representing Technicians in arbitration as well. So if you know anyone who has not received a notice, ask them to visit this website for a copy or they can call us at 845-255-9370.

last edited on Thursday, July 29 2010 at 4:10pm

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Case Information

Morangelli v. ROTO ROOTER

Consent to Sue Form

Status Reports

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